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  1. #1
    Join Date
    Jul 2012
    Posts
    16

    Default Fired After Filing a Worker's Comp Claim, TTD Benefits Delayed

    My husband has been working in the oilfield for the last year and a half....and started getting shooting pain in his hands over the last several months. It has progressed to the point that he can't work the Derrick any

    longer as he can't hold on to the ladder. He has been telling his supervisors this over the last 5-6 months and they just put him off and think he is just using it as an excuse. He was called into his main supervisor's office

    and received a verbal warning that he needed to start stepping up (strange that he just got his annual performance evaluation in December and it was a successful eval). He told his main supervisor what he has been

    telling his rig supervisors (he has several rigs he works on and each has a different operator)about the electrically shocks and pain he has been experiencing..and that it is getting worse as time goes on. My husband told

    his main supervisor that he has an appointment with our family doctor scheduled for when he returned home from his hitch. They wanted to take him in to see the company Doctor. Their Dr said he had carpal tunnel and

    possible a pinch nerve in the neck....and told his main supervisor that he was not to perform derrickhand duties....but could return to floorhand duty. Their Dr said that he didn't think it was work related....but wanted our

    family doctor to call him after her examination to discuss her opinion. He went to see our family doctor and she believes it is work related!! My husband has never had this pain/problem with his hands before. Our doctor

    told my husband that he needs to file a workers comp claim...so that they can go ahead and have a nerve tests done....and in the meantime wear braces on both hands as much as possible. Husband called his main

    supervisor and told him what his family doctor said and asked for a w/c claim to be filed. A couple of days went by and still no claim filed.
    Long story short the company wouldn't file a claim so I called ND W/C and they told me to file the claim. I filed the claim and approximately 6 days later we received all of the paperwork from ND Workers Comp Insurance Division. The employer must of received theirs at the same time because they fired my husband the next day!!
    He came back home and went in for all of his test etc......and it was determined that he had bilateral carpal tunnel and that he needed surgery on both hands. ND W/C approved all medical....but they are saying because he was fired....he may not get TTD benefits!! I didn't think they could do that!!
    My questions is what can we do if they deny TTD benefits

  2. #2
    Join Date
    Oct 2006
    Posts
    9,076

    Default Re: Husband Fired After Filing W/C Claim.now W/C is Delaying His TTD Benefits

    if benefits are denied your husband should contact the Decision Review Office to appeal
    contact them at
    (701) 328-9900 or 1-800-701-4932

    more here:
    http://www.workforcesafety.com/libra...roBrochure.pdf

    if he was terminated in retaliation for filing a claim he can file a discrimination complaint.

  3. #3
    Join Date
    Oct 1971
    Posts
    5,159

    Default Re: Husband Fired After Filing W/C Claim.now W/C is Delaying His TTD Benefits

    diyflunkie
    My questions is what can we do if they deny TTD benefits
    Hire a lawyer ASP, don't delay!

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  4. #4
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,790

    Default Re: Husband Fired After Filing W/C Claim.now W/C is Delaying His TTD Benefits

    He needs a workers' comp lawyer, ASAP, before he even talks to anyone else about this. The more he talks the more likely he is to not get comp benefits.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  5. #5
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,855

    Default Re: Husband Fired After Filing W/C Claim.now W/C is Delaying His TTD Benefits

    I agree with complwyr, hire a work comp attorney ASAP. I would also consult with a labor law attorney about possible wrongful termination.

  6. #6
    Join Date
    Jul 2012
    Posts
    16

    Default Re: Husband Fired After Filing W/C Claim.now W/C is Delaying His TTD Benefits

    Thanks everyone.....I am trying to find an attorney in North Dakota that is willing to take this case on. I guess ND w/c laws are so strick with the fee % that its hard to find an attorney to take the case on a contingency status. Does anyone know of a good W/C attorney in ND that does contingency?

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